TLDR: Because the FBI has stated that it will not conduct background checks for the new law, no enforcement officer will be able to issue a permit to purchase a weapon as required by the measure. It’s the perfect Catch-22 situation. The court case will decide whether citizens in Oregon will be able to purchase firearms and certain magazines. The law discriminates against the disabled.
The Ballot Measure 114 was poorly drafted to such an extent that the FBI checks required could not legally be performed under its measures. So it went to court and yesterday was the final day of this hearing (see video below). Measure 114 requires a permit to buy a gun, bans the sale, transfer and manufacture of magazines holding more than 10 rounds and requires a completed criminal background check before any sale or transfer of a gun. Lift Every Voice, the initiative’s sponsor, put it on the ballot last year and voters last November approved the measure with 50.7% of the vote.
The plaintiffs allege that gun control Measure 114 infringes on Oregonians’ right to bear arms for self-defense and has no public safety benefit, the lawyer for two Harney County gun owners challenging the measure in Harney County Circuit Court argued in his closing Monday.
“If a right can be taken away simply because it furthers public safety in some way, it’s not a right at all,” attorney Tony L. Aiello Jr. said.
Lawyers for the state countered that the voter-approved measure provides reasonable regulations by restricting people who may be a danger to themselves or others from buying guns and limiting the number of rounds in a gun magazine to reduce homicides and mass shootings.
“The right to bear arms is not absolute,” Senior Assistant Attorney General Harry B. Wilson said.
The closings ended the six-day trial before Harney County Circuit Judge Robert S. Raschio, who put the gun control measure on hold before it was set to take effect on Dec. 8.
Raschio said he’d need time to review the trial record before deciding whether to turn his temporary restraining order into a permanent injunction and would issue a written ruling within 60 days.
Come listen to the last day of the trial for Oregon ballot measure 114 https://t.co/xSCpnn2rEk— William Cooper (@CandTdesigns22) September 25, 2023
Measure 114 – THE UNANTICIPATED CONSEQUENCES from Oregon Sheriffs
In November 2022, Oregon voters passed Measure 114 (the Reduction of Gun Violence Act) by a narrow margin. The proponents of this measure, Lift Every Voice, believed that this measure would make our communities safer by reducing the availability of firearms and large-capacity magazines.
Unfortunately, Lift Every Voice did not talk to the organizations which were charged with implementation of the measure: the Oregon State Police, local police, and sheriff’s offices. It appears Lift Every Voice misunderstood the practical effects of this poorly-drafted law.
Disabled? You can’t have a firearm.
Measure 114 requires that a person must obtain a purchase permit before buying a firearm. No permit system was in place prior to this measure passing; therefore, the system is being built from the ground up. Before even applying for a permit, a person must obtain very specific training that is currently unavailable and is still being developed. Several lawsuits have been filed to challenge this measure, and the measure has been put on hold by the courts largely due to the lack of available training and a permit system.
Those who cannot obtain a permit, such as a person with a disability who cannot demonstrate their ability to operate a firearm, or a person who cannot afford the required training and permit, will flatly be denied their right to buy a gun.
Individuals who are impoverished, are disabled, and those from marginalized communities will likely be harmed and essentially be denied the right to purchase a firearm to defend themselves and their families. The disparate impact of this measure on these groups of people will likely result in further
litigation. One impact the drafters of this measure likely did not account for is that the measure has created the largest spike ever in Oregon gun sales as well as a spike in the sale of high-capacity magazines.
Gun sales through the roof
The Oregon State Police has completed over 140.000 firearms purchase checks in the month since the measure was passed by voters, and the daily sales numbers are hitting record highs. Bottom line, the Reduction of Gun Violence Act has single-handedly caused the number of guns and high-capacity magazines sold in Oregon to surge at a rate never before seen. I fully expect that this measure will eventually be found to violate the Second Amendment, and all this will have been for nothing.
It is unfortunate that Lift Every Voice didn’t put their time and energy into something that could actually decrease violence in our communities, such as improved mental health services, resources for troubled youth, and funding for public safety.
Good article at Epoch Times